Original Work Of Dc Comics Copyright - 2437 Words

Because the Batmobile is the original work of DC Comics, the district court told Towle he was wrong by saying that DC Comics does maintain a copyright for the Batmobile as it appears in both the 1966 television series and the 1989 film based on their rights to merchandising and because the appearance and idea originated in the comic books (caselaw.findlaw.com, para. 13). The district court than put this Batman fight to an end by stating that Towle did infringe on DC Comics copyright because of how he replicated the Batmobile as it appeared in both productions (caselaw.findlaw.com, para. 13). Clearly this is an open and shut case because the district court granted the summary judgment to DC Comics for both the copyright and the trademark†¦show more content†¦It was agreed that all claims would be dismiss and on February 22, 2013 the court entered an agreement that is consistent with stipulation, which would later result in Towle appealing (caselaw.findlaw.com, para. 16). For DC to be able to win their case, they must be able to prove that they own a copyright for the Batmobile as it appeared in the 1966-television show and the 1989 movie. They must also prove that Towle’s replicas infringed on their copyright and that the creation of them was unauthorized (caselaw.findlaw.com, para. 18). In the appeal court, it is concluded that the Batmobile character is the property of DC and is copyrightable; therefore Towle did infringe upon DC Comics’s rights when he produced unauthorized works of the Batmobile. The ruling of the district court is then affirmed (caselaw.find.com, para. 49). The court first answered Towle’s original argument that the Batmobile is not copyrightable as it appears in not only the television series and the motion picture by using the case New Line v. Bertlesman Music Group. In this case, it is argued that Zomba, a musican, has infringed New Line’s copyright on the â€Å"A Nightmare on Elm Street† in the music video â€Å" A Nightmare on My Street.† Bertlesman Music Group represents Zomba in this case (law.justia.com, para 1). This case acts as a precedent for DC Comics v Towle, because the music video was not related to the film series yet featured a character that was